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Home My WebLink About2022-11-21 (Regular) Meeting Minutes MINUTES City Council Regular Meeting Monday, November 21, 2022 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Planning Manager Bryan Isham and CodeNext project consultant Chris Brewster were present to discuss CodeNext update regarding sustainability. The meeting recessed at 6:40 p.m. for a break. The meeting reconvened at 7:00 p.m. with five Council Members present, Council Member Nunnenkamp attended virtually, Council Member Anderson and Council Member Russell were absent. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:00 p.m. 3 Pledge of Allegiance Mayor Sierra led the Pledge of Allegiance. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Chelsea Nunnenkamp attended virtually Council Member Cheryl Wink Council Member Jim Woodward COUNCIL ABSENT: Council Member Joe Anderson Council Member Rita Russell STAFF PRESENT: City Manager Lewis City Attorney Niles Senior Deputy City Clerk McKinnon Deputy City Clerk Harkness Assistant City Manager Dodd Judge Jefferson, Municipal Court Director of Utilities and South Platte Renew Van Ry Page 1 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 Director of Finance Loh Director of Community Development Power Economic Development Manager Hollingsworth, Community Development Crime Prevention Specialist Essman, Police Administrator Julien, Municipal Court Process Improvement Specialist Smith, Malley Recreation Center Network Administrator Hunnicutt, Information Technology System Administrator Munnell, Information Technology Division Chief Jones, Police Code Enforcement Manager Lewis, Police Officer Smith, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of November 7, 2022 Moved by Council Member Steven Ward Seconded by Council Member Cheryl Wink APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 7, 2022. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward (Moved By) x Cheryl Wink (Seconded By) x Jim Woodward x 5 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Police Citizens Academy Graduates were recognized. • Kenneth Marsh • Donna Marsh • Lacey Reece • Rhonda Willcox • Robert Traw • Sharon Mason • Tim Hoeglund • Natasha Weaver • Kathleen Bailey • Belinda Porter • Christopher Theis • Ellen Letendre Page 2 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 • Monica Alvidrez • Arlene Horch • Cindy Moore • Shannon Tripp b) Proclamation recognizing Small Business Saturday A Proclamation declaring all Saturdays in December 2022, as “Shop Englewood – Small Business Saturdays”. 7 Recognition of Scheduled Public Comment a) Gary Kozacek, an Englewood resident, addressed Council regarding the proposed re-development on Oxford Avenue. b) Derek Fox from the Davey Tree Expert Company addressed Council regarding Right of Way Occupancy permits and enforcement. 8 Recognition of Unscheduled Public Comment a) Diversity, Equity, and Inclusion Committee Chair Dave Lewis addressed Council regarding the support of Colorado Springs and the LGBTQ+ Community in the wake of the Club Q shooting. b) Dan Jacobson, an Englewood resident, addressed Council regarding new development. c) Mary Colecchi, an Englewood resident, addressed Council regarding thanks to Council members for serving and trash service. d) Daniel Read, an Englewood resident, addressed Council regarding Community Development. Council Member Nunnenkamp responded to Public Comment. 9 Consent Agenda Items Mayor Sierra removed Agenda Item 9(a)(iii) from the Consent Agenda. Moved by Council Member Wink seconded by Council Member Ward to approve Consent Agenda Items 9(a)(i, ii and iv), 9(b)(i-iv), and 9(c)(i-iii). a) Approval of Ordinances on First Reading i) CB 37 - Amending Englewood Municipal Code Regarding Traffic Procedures, Definitions COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER WINK Page 3 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 1B, SECTIONS 11- 1B-1 AND 11-1B-2 OF ENGLEWOOD MUNICIPAL CODE REGARDING TRAFFIC PROCEDURES, DEFINITIONS. ii) CB 63 – Intergovernmental Agreement (IGA) between the City of Littleton and the City of Englewood for a cost share to review and evaluate the sewer connector district agreements COUNCIL BILL NO. 63, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY OF ENGLEWOOD REGARDING COST- SHARING FOR REVISING SEWER CONNECTOR DISTRICT AGREEMENTS. iii) CB 72 - Amending Englewood Municipal Code to ensure compliance with applicable law, current practices [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Othoniel Sierra Seconded by Council Member Jim Woodward Motion to table Council Bill No. 72 to the Regular City Council Meeting of January 3, 2023. For Against Abstained Othoniel Sierra (Moved By) x Chelsea Nunnenkamp x Steven Ward x Cheryl Wink x Jim Woodward (Seconded By) x 5 0 0 Motion CARRIED. iv) CB 73 - Amending Englewood Municipal Code authorizing City to recover costs of collection for unpaid debts COUNCIL BILL NO. 73, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TITLE 1, CHAPTER 4, SECTION 1-4-4 CONCERNING THE COLLECTION OF UNPAID AND OVERDUE TAXES, DEBTS, FINES, FEES, RESTITUTION, BOND FORFEITURES AND CIVIL PENALTIES Page 4 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 IMPOSED BY ENGLEWOOD MUNICIPAL CODE AND ENGLEWOOD MUNICIPAL COURT. b) Approval of Ordinances on Second Reading. i) CB 67 - Increase the Waste Transfer Surcharge from $.50 per cubic yard to $.63 per cubic yard effective January 1, 2023 ORDINANCE NO. 60, SERIES OF 2022 (COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 4-7-3 OF ENGLEWOOD MUNICIPAL CODE REGARDING WASTE TRANSFER SURCHARGE. ii) CB 68 - Repealing the Shoplifting and Price Switching Ordinances from Offenses Code ORDINANCE NO. 61, SERIES OF 2022 (COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AMENDING TITLE 7, CHAPTER 6 ARTICLE F, OF ENGLEWOOD MUNICIPAL CODE REGARDING SHOPLIFTING AND PRICE SWITCHING. iii) CB 69 - Amending Englewood Municipal Code establishing standard provisions for City contracts ORDINANCE NO. 62, SERIES OF 2022 (COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE TO ESTABLISH MUNICIPAL CONTRACTING PROCESSES. iv) CB 71 - Approval of 3-year IGA with the Aurora-South Metro Small Business Development Center ORDINANCE NO. 63, SERIES OF 2022 (COUNCIL BILL NO. 71, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON- ONE CONSULTING, AND WORKSHOPS IN THE CITY OF ENGLEWOOD. c) Resolutions and Motions Page 5 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 i) Motion to approve an internal committee to provide advice and guidance on the management of the City's 401(a) and 457 retirement plans Approval of a 401(a)/457 Internal Committee. ii) Award of Two Professional Services Agreements for Water Rights Legal Support and Water Resources Engineering for Utilities Approval of two Professional Services Agreements, one with Berg Hill Greenleaf Ruscitti, LLP for water rights legal support and another with Martin and Wood Water Consultants, Inc for water resources engineering. iii) Resolution increasing City Manager, City Attorney salaries, effective January 2023 RESOLUTION NO. 37, SERIES OF 2022 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER AND CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Cheryl Wink Seconded by Council Member Steven Ward Motion to approve Consent Agenda items 9(a)(i, ii and iv), 9(b)(i-iv), and 9(c)(i-iii). For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward (Seconded By) x Cheryl Wink (Moved By) x Jim Woodward x 5 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading Page 6 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 i) CB 39 - Amending Englewood Municipal Code regarding animal impoundment Moved by Council Member Jim Woodward Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A, SECTIONS 7-1A5, 7-1A-9, AND 7-1A-16 OF ENGLEWOOD MUNICIPAL CODE REGARDING ANIMAL IMPOUNDMENT. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward x Cheryl Wink (Seconded By) x Jim Woodward (Moved By) x 5 0 0 Motion CARRIED. ii) CB 70 - Amending Englewood Municipal Code to add and remove city facilities for open carry of firearms on City property Moved by Council Member Cheryl Wink Seconded by Council Member Steven Ward COUNCIL BILL NO. 70, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6C, SECTION 7-6C-6 OF ENGLEWOOD MUNICIPAL CODE TO ADD AND REMOVE CITY FACILITIES FOR OPEN CARRY OF FIREARMS ON CITY PROPERTY. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward (Seconded By) x Cheryl Wink (Moved By) x Jim Woodward x 5 0 0 Motion CARRIED. Page 7 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9(b)(i-iv). c) Resolutions and Motions i) Resolution to appoint Vincent Atencio as Associate Municipal Court Judge and Establish Compensation for Municipal Judges Moved by Council Member Cheryl Wink Seconded by Council Member Jim Woodward RESOLUTION NO.38, SERIES OF 2022 A RESOLUTION REGARDING MUNICIPAL JUDGES, APPOINTING VINCENT R. ATENCIO AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING COMPENSATION FOR MUNICIPAL JUDGES. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward x Cheryl Wink (Moved By) x Jim Woodward (Seconded By) x 5 0 0 Motion CARRIED. ii) Award a Professional Services Agreement for On-Call Engineering Professional Service Agreements Moved by Council Member Steven Ward Seconded by Council Member Jim Woodward Approval of a Professional Service Agreements with Carollo Engineers, Inc, Hazen and Sawyer , HDR, Inc, and Jacobs Engineering Group, Inc to provide on-call engineering support services for the Utilities department up to an amount of $200,000 each, for a total authorization of $800,000. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward (Moved By) x Cheryl Wink x Jim Woodward (Seconded By) x Page 8 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF City Council Regular November 21, 2022 5 0 0 Motion CARRIED. iii) Award of a Professional Services Agreement with Johnson, Mirmiran and Thompson, Inc. for Water Main Replacement Design Moved by Council Member Jim Woodward Seconded by Council Member Cheryl Wink Approval of a Professional Services Agreement with Johnson, Mirmiran and Thompson, Inc. for Water Main Replacement Design, in the amount of $258,880 including approval to execute any change order(s) to expend a 10% staff-managed contingency amount of $25,888, for a total project authorization of $284,768. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Steven Ward x Cheryl Wink (Seconded By) x Jim Woodward (Moved By) x 5 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 8:29 p.m. Senior Deputy City Clerk Page 9 of 9 DocuSign Envelope ID: 61381065-1781-41FE-97D2-722A1A072CCF